Tag: ADA

Assess How Olmstead May Assist You to Live in the Community

Click on the link below to do this self-assessment to determine the potential right you or a person with a disability in your family might have to get the assistance needed to live at home rather than in a nursing facility or institution. Such assistance may include home health services, nursing assistance, or other assistance with activities of daily living.

This self-assessment is based on the U.S. Supreme Court’s Olmstead decision. Olmstead requires states, with some limitations, to assist people with disabilities to live at home if they would otherwise receive services funded by the state in a nursing home or institution. It is based on the Americans with Disabilities Act. Olmstead applies to individuals with developmental disabilities, intellectual disabilities, physical disabilities, traumatic brain injury (TBI), and other disabilities if a person meets the eligibility for nursing facility or other institution.

This self-assessment will ask questions about your disability and current situation. It will provide links to agencies that may be able to assist you, including organizations that may be able to provide legal advocacy. Finally, it will assist you in writing a complaint to the United States Justice Department or the Office of Civil Rights at the United States Department of Health Human Services if you believe your rights are being violated based on Olmstead and the ADA.